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Presidential Executive Orders: How would Obama use them?
ThisNation.com ^ | 01/18/2009 | Polarik

Posted on 01/18/2009 9:02:39 AM PST by Polarik

What is an Executive Order?

Executive Orders (EOs) are legally binding orders given by the President, acting as the head of the Executive Branch, to Federal Administrative Agencies. Executive Orders are generally used to direct federal agencies and officials in their execution of congressionally established laws or policies. However, in many instances they have been used to guide agencies in directions contrary to congressional intent.

Not all EOs are created equal...[a] subset of Executive Orders are those concerned with national security or defense issues. These have generally been known as National Security Directives. Under the Clinton Administration, they have been termed "Presidential Decision Directives."

Executive Orders do not require Congressional approval to take effect but they have the same legal weight as laws passed by Congress. The President's source of authority to issue Executive Orders can be found in the Article II, Section 1 of the Constitution which grants to the President the "executive Power." Section 3 of Article II further directs the President to "take Care that the Laws be faithfully executed." To implement or execute the laws of the land, Presidents give direction and guidance to Executive Branch agencies and departments, often in the form of Executive Orders.

Controversy

Executive Orders are controversial because they allow the President to make major decisions, even law, without the consent of Congress. This, of course, runs against the general logic of the Constitution -- that no one should have power to act unilaterally. Nevertheless, Congress often gives the President considerable leeway in implementing and administering federal law and programs. Sometimes, Congress cannot agree exactly how to implement a law or program. In effect, this leaves the decision to the federal agencies involved and the President that stands at their head.

(Excerpt) Read more at thisnation.com ...


TOPICS: Constitution/Conservatism; Culture/Society; Front Page News; Government; Politics/Elections
KEYWORDS: bho2008; bhoeo; change; constitution; executiveorder; obama; presidentobama
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To: ThomasThomas
Executive Orders can be over turned by the congress.

It's true, they can be. But the DemonRat Congress isn't likely to do that, and the Republicans don't have the votes to do it by themselves.

41 posted on 01/18/2009 7:57:03 PM PST by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: Polarik
Homosexuals will "openly serve" in the Armed Forces.

A violation of everything we know to be just and right, and it will cause huge problems for our military and the defense of our country.

42 posted on 01/18/2009 8:02:32 PM PST by vox_freedom ("If God be for us, who is against us?" -- Romans 8:31)
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To: piroque

Please, pass it along as you get the chance on other boards/threads

A little knowledge can go a long way to ease (or trouble) the mind.


43 posted on 01/18/2009 8:10:00 PM PST by ASOC (This space could be employed, if I could only get a bailout...)
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To: 3catsanadog

LOL

Can’t tell the players without a program....

Bill was a bit busy, wasn’t he? Ask the people he screwed in Utah.


44 posted on 01/18/2009 8:11:49 PM PST by ASOC (This space could be employed, if I could only get a bailout...)
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To: 3catsanadog

Please pass the link along to others as you have the chance.


45 posted on 01/18/2009 8:12:25 PM PST by ASOC (This space could be employed, if I could only get a bailout...)
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To: Polarik
Presidential Executive Orders: How would Obama use them?

Like a King's decree. :|

46 posted on 01/18/2009 8:33:47 PM PST by Centurion2000 (To protect and defend ... against all enemies, foreign and domestic .... by any means necessary.)
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To: originalbuckeye

An Executive Order can’t do anything the president doesn’t have legal authority to do.


47 posted on 01/18/2009 9:08:51 PM PST by mlo
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To: RJS1950

His idea of a “civilian security force” is scary as Hell. I’m sure he’ll use his EOP to create it and make it a national “Truth Squad” ready to go after anyone who disagrees with his policies, aka “Smears.”


48 posted on 01/18/2009 9:44:46 PM PST by Polarik ("A forgery created to prove a claim repudiates that claim")
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To: Polarik

The Gestapo by any other name.


49 posted on 01/19/2009 8:53:21 AM PST by RJS1950 (The democrats are the "enemies foreign and domestic" cited in the federal oath)
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To: 3catsanadog

I believe it was “So as it is written, so let it be done”.


50 posted on 01/19/2009 10:07:54 AM PST by freebird5850 (O-Bomb-a, the sleeper cell that slipped by all of us.)
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To: autumnraine; Chief Engineer; LucyT; MHGinTN; maggief; BP2; unspun; Fred Nerks; Iowan; ...
What Obama does first is to reverse or repeal all of Bush's EO's. Here's a story that I found, dated January 12, on the Democratic Underground website:

President-elect Barack Obama is expected to move swiftly to reverse executive orders regarding torture of terror suspects, the military prison at Guantanamo Bay and other controversial security policies, sources close to his transition said, in dramatic gestures aimed at reversing President Bush’s accumulation of executive power.

Senator Russ Feingold (D-WI) said he’s been informed that President Obama will support his proposed legislation to make public some opinions from the Justice Department's Office of Legal Counsel, which issued some of the Bush Administration's most sweeping claims of executive power. Obama also has promised to limit President Bush's practice of using "signing statements" to amend legislation.

"Every day we get indications that they're serious about reversing the abuses of the Constitution," Feingold, a harsh Bush critic, told Politico. Feingold said Obama's staff told him to expect executive orders rapidly reversing Bush policies on the interrogation and detention of terror suspects, and on keeping the records of past presidents secret. He declined to be more specific.

"I don't know in what order or how fast" Obama’s executive orders could come, he said. "It'll be important that a couple of them be done immediately, and I think they will be, to show there's a strong break from the current policy."
Chris Lu, executive director of Obama’s transition team, told supporters in a conference call earlier this month that Obama’s aides have “started developing executive orders that the pres elect is considering –not only ones the President-elect will sign after January 20, but also ones we will want to repeal."


BARF ALERT!!!

and oxymoron of the millenia...


Obama aides didn't respond to requests for more detail, but the president-elect told an audience at a campaign fundraiser in 2007 about what he called Bush’s abuse of executive authority.

"I was a constitutional law professor, which means unlike the current president,

I actually respect the Constitution!

(*COUGH* *COUGH* *HACK* *RETCH*)

51 posted on 01/20/2009 2:50:22 PM PST by Polarik ("A forgery created to prove a claim repudiates that claim")
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To: Polarik
"... Feingold said Obama's staff told him to expect executive orders rapidly reversing Bush policies on the interrogation and detention of terror suspects, and on keeping the records of past presidents secret. He declined to be more specific."

now that jumped out at me...he's sealed all his records from his past, he can't be investigated now, OR AFTER!

52 posted on 01/20/2009 3:23:13 PM PST by Fred Nerks (fair dinkum!)
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To: Fred Nerks

Anyone who needs to lose weight - all they need to do is read 0bamanews and not only will they lose their appetites but maybe even their lunch... I’m queasy already.


53 posted on 01/20/2009 3:55:04 PM PST by little jeremiah (Leave illusion, come to the truth. Leave the darkness, come to the light.)
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To: little jeremiah

picked up this little gem at texasdarlin:

“Looks like the Presidential Oath varies from the Vice Presidential one. Who knew?

Presidential Oath:

I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.

Oath of Vice President:

I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.”

http://texasdarlin.wordpress.com/2009/01/20/baracks-black-panther-buddy-bill-ayers-kept-out-of-canada/#comment-33696

I’m an Aussie, it looks to me as if someone switched the oaths...just doesn’t make sense to me.


54 posted on 01/20/2009 4:09:11 PM PST by Fred Nerks (fair dinkum!)
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To: Fred Nerks

That’s interesting, the VP’s oath seems much stronger.


55 posted on 01/20/2009 4:20:18 PM PST by little jeremiah (Leave illusion, come to the truth. Leave the darkness, come to the light.)
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To: little jeremiah

sorry, further down the page there’s a correction:

http://texasdarlin.wordpress.com/2009/01/20/baracks-black-panther-buddy-bill-ayers-kept-out-of-canada/#comment-33747

“drkate
Correction to my comment…..they took the respective correct oaths of office. Sorry.”


56 posted on 01/20/2009 4:30:45 PM PST by Fred Nerks (fair dinkum!)
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To: Fred Nerks; LucyT
OBama just signed an Executive Order rescinding Bush's ban on Federal funding for abortions in foreign countries. His EO refers to abortion as a "family planning tool."

You mean, Mr. Obama, like what they have in China for girl babies?

57 posted on 01/21/2009 10:30:10 AM PST by Polarik ("A forgery created to prove a claim repudiates that claim")
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To: Fred Nerks
now that jumped out at me...he's sealed all his records from his past, he can't be investigated now, OR AFTER!

Technically, he's not a "past President" either.

58 posted on 01/21/2009 12:21:49 PM PST by Polarik ("A forgery created to prove a claim repudiates that claim")
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To: Polarik
I want to know if the first EOs Obama signed yesterday (which he said were about transparency) really gave him the legal right to keep the truth about his birth hidden. Did those EOs in any way obstruct the ability of litigants to discover the truth?
59 posted on 01/22/2009 7:47:56 AM PST by adlucem (NObama)
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To: adlucem
I want to know if the first EOs Obama signed yesterday (which he said were about transparency) really gave him the legal right to keep the truth about his birth hidden. Did those EOs in any way obstruct the ability of litigants to discover the truth?

first of all, the EO pertained to "past Presidents," but more importantly, it cannot be legally used to shield himself from the charges leveled against him before he became President, and ones which have never been resolved.

However, the bigger question concerns whether anything that Obama does as President is legally binding, given that he is an invalid President, was an invalid Senator, and maybe still is an illegal alien?

60 posted on 01/22/2009 8:27:11 AM PST by Polarik ("A forgery created to prove a claim repudiates that claim")
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